Common use of LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE Clause in Contracts

LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 11.1 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession). 11.2 Subject to clause 11.1, the Supplier's total liability to the Customer shall not exceed the price paid by the Customer for the Goods and/or Services set out in each Order. The Supplier's total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract. 11.3 This clause 11.3 sets out specific heads of excluded loss and exceptions from them: (a) Subject to clause 11.1, the types of loss listed in clause 11.3 (c) are wholly excluded by the parties. (b) If any loss falls into one or more of the categories in clause 13.7(c) and also falls into a category, or is specified, in clause 13.7Error! Reference source not found., then it is not excluded. (c) The following types of loss are wholly excluded: (i) Loss of profits. (ii) Loss of sales or business. (iii) Loss of agreements or contracts. (iv) Loss of anticipated savings. (v) Loss of use or corruption of software, data or information. (vi) Loss of or damage to goodwill. (vii) Indirect or consequential loss. 11.4 The Supplier has given commitments as to compliance of the Goods and Services with relevant specifications in clause 5 clause 7. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement. 11.5 Unless the Customer notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. 11.6 This clause 11 shall survive termination of the Contract.

LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 11.1 8.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss. 8.2 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession). 11.2 8.3 Subject to clause 11.18.2, the Supplier's ’s total liability to the Customer shall not exceed the price paid by the Customer for the Goods and/or Services set out in each Order. £5,000,000 The Supplier's ’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract. 11.3 8.4 This clause 11.3 8.7 sets out specific heads of excluded loss [and exceptions from them: (a) Subject to clause 11.18.2, the types of loss listed in clause 11.3 (c8.4(c) are wholly excluded by the parties, but the types of loss and specific losses listed in clause 8.4(d) are not excluded. (b) If any loss falls into one or more of the categories in clause 13.7(c8.4(c) and also falls into a category, or is specified, in clause 13.7Error! Reference source not found.8.4(d), then it is not excluded. (c) The following types of loss are wholly excluded: o (i) Loss of profits. profits o (ii) Loss of sales or business. . o (iii) Loss of agreements or contracts. . o (iv) Loss of anticipated savings. . o (v) Loss of use or corruption of software, data or information. . o (vi) Loss of or damage to goodwill. (vii) Indirect or consequential loss. 11.4 The Supplier has given commitments as to compliance of the Goods and Services with relevant specifications in clause 5 clause 7. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement. 11.5 Unless the Customer notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. 11.6 This clause 11 shall survive termination of the Contract.